JNB520 Maritime Law: Ship Arrest, Conventions, and Carr's Analysis

This report delves into various aspects of maritime law, beginning with an analysis of ship arrest under international conventions, specifically addressing whether Superman and Wonder Woman could legally arrest a vessel in Australia based on maritime claims and the powers granted by state law. It further examines the rights of crew members to unpaid wages in relation to maritime claims. The report then transitions to a discussion of the United Nations Convention on International Multimodal Transport of Goods, comparing it with the Hamburg Rules and analyzing Carr’s perspective on the convention's provisions. It covers the liabilities of Multimodal Transport Operators (MTOs), different types of MTOs, and the documentation involved in multimodal transport. The document emphasizes the importance of understanding the legal framework governing maritime activities and international trade movements and Desklib offers similar assignments and past papers for students.

Maritime Law

Question 1
Is it possible for Superman & Wonderwoman to arrest The Delta in Australia?
As according to Maritime claim under international convention on arrest of ships Article
1(c) provide that salvage operations are mainly been carried out which used to be applicable for
all the agreements of salvage which is special compensation that is being given to the operational
activities in salvage as in respect to the ships that are being damaged by the environment or
threatened cargoes are been damaged. It can be implicated according to this clause the special
compensation can be given to all the cargoes as there was a damage of ship that has been taken
place with the threatened environmental areas. The arrest conventions are important for all the
maritime regions as it helps out to provide all the divergent approaches through which all the
common law in ship can be implemented with proper maritime claims. It helps to provide
enforcement of legislative claims through which a proper way is being implemented and it also
implement out methods through which the security regarding the enforcement of legitimate area
and all the common law or ship is being implemented (Bernstein, 2017). It provides a balance
between all the different interests that are being involved in different areas for the conventions.
The arrest of a person is being permissible if:
 The person who are on the ship at the time of framing the maritime claim will be liable
and is the owner of the ship when the arrest is being made affected.
 The demise charter of ship is there by being made at the time of maritime claim.
 All the claim is there by being related to the ownership and position of the ship.
As in case of A v. Glory wealth shipping pvt ltd, court held that arrest in England was made
being on the assumption of jurisdiction And will be implemented on the maritime laws and the
arrest of vessel that is being permitted by the claims raised in the buy the property of the owner
and be sufficient means of implementation. As do in this case the international convention of
maritime claim covers out the seizure of ship through which they can apply the arrest according
to it the arrest can be made on the basis of Article 1.2 of International convention of Maritime
claim in which arrest means all the detention and the restrictions through which the removal of a
ship that is being ordered by the court in order to secure all the maritime claim has been made
but it will not cover out any seizure of the shape or the executions and satisfaction for the
judgement that is being in forcible in the instrument(Benamara and et. al., 2019). As according

to this clause rest of Delta can be made by the superman and wonder woman as there has been
made a detention under activities which cause the destruction in the removal of ship. But as
according to article to the power of arrest is mainly being given to the state law and all the
affected government that is being applied regarding to the convention. It mainly provide out that
the person who has been released or made a rest will be according to the authority of court of
state party. There can be made a proper jurisdictions regarding to the maritime claim As in the
state so they can arrest of Delta but for that the conditions will be applied as the state parties can
be implemented and they will have to go towards the right authorities in court as in order to
make the arrest in a proper manner invalidated form
Superman & Wonderwoman wants to know whether this understanding of the shipbroker is
correct. Discuss.
As according to the ShipBroker there has been made that the amount that will be received
will only be limited and it will go to the 21 crewman as they were already being unpaid for all
the master disbursement which mainly affected their early wages areas. As according to it this
understanding is merely being clear as they can have to pay the money to all the crew men as
wages should be timely being given to all the crew men at a proper time in functional manner it
will not depend upon the organisation and their working that can affect their salary and wages.
So according to it this will be clear as according to that statement (Monios, and Bergqvist, 2017).
But in a case where Superman and wonder woman are implicating to make a maritime claim they
can make a claim as they had been successful in protecting all the members and the cargo
whereas the ship was not being able to be protected but the other wages and the amount should
be given to them also but before it the crewmember are eligible to get all the unpaid wages that
has not been given to them earlier. As according to maritime law and the international
convention that has been made that all the employees were being working in the Ship vessels and
their areas should gain rights To get equal claims in securities with the proper money and wages
that are being applied in their working segments and they can go to the authorities regarding
their payment and wages (Zheng-gang, and Jing-ni, 2019).

Thus, all the shipbrokers are correct as in their views as money and all the required
essentials will firstly be given to all the crew members.
In Crown maritime Co. ltd. v. Barge Salina li and Ors, court held that All the maritime
claim will being arise out according to the agreement that are being related to the higher of
Turkey and the defendants and with the conventions that are being applicable on the
enforcement. It depends upon all important vessel contract that is being raised and upon the
merchant ships and voyage through which the subjected areas in the personal injury, loss and the
damages of goods are being covered under it. Maritime claim can be implemented according to
the effective remedy that is being made for the juridiction.
Question 2
Discuss with references to the relevant provisions of the Convention in support whether you
agreed with Carr’s analysis of the Convention.
The United Nations convention on international multi modal transport of goods Geneva
has been made in order to provide all the carriages of the goods in Sea and also all the
multimodal transportation as it is mainly known as the transportation that is being made through
a single contract for the goods and has also not been perform in framed in two different kinds of
transport facilities that is mainly the carrier which is being liable in all the entire carriage which
helps out to perform different kinds of transportation facilities for example rail, sea, Road and
many more. It mainly provides all the means of transport through which the carriages and the
sub-carriers used to perform all their multimodal transportation facilities with the help of
operators that are being known as MTO(Yiallourides, 2019). As according to article 1 there has
been made that Multimodal transport used to implement out all the international multi modal
transport which covers out the carriages of goods which are at least of two different kinds Of
transport facilities that are mainly being made on the contract from one country to another in
which goods are mainly being transferred and taken in charge through the multimodal transport
operators MTO it really helps out to provide a proper designated areas of delivery in different
countries.

All the multimodal transport usually covers out carriage of goods with Different mode of
transport in which single fright contract is being made. As there are mainly no mandatory
conventions regarding to international multimodal carriage is being made. As in 1980 the multi
modal convention of UN has not came in force and there has been made that it mainly have
major issues related to limits of liability, liabilities of MTO for their agents and servants, loss of
right for limited liability etc. All such problems were being involved in non-localised laws which
mainly created contractual solutions and also unfavourable conditions for the conventions and
the rules that are being made in transportation (Thomas, 2020).
When making a comparison between the Hamburg rules and UN convention on
international multi modal transport of goods Geneva, in terms of basic liability in shipping, the
presumption is raised that carrier is responsible for any negligence or fault at the time of
transport when it performs while Hamburg rules is also similar to this but it provides that
contractual carrier has responsibility for whole sea voyage as its responsibility period of liability
is on the basis of port to port. But the other principles of UN convention is mainly based on
Hamburg rules but some caution is required to be taken when applying it in circumstances such
as bills of lading as it will prejudice protection and indemnity rule. The liability in the UN
convention for any damage or loss or delayed transportation is on the principle of presumed fault
and neglect which means that it is only liable to the extent it is it is in charge of the goods and
not when its agent or other person is in charge. This same principle is modeled in Article 5 of
Hamburg Rules. Hence, when making an analyzation to the words of Carr, It can be said that
principles or provisions of UN convention is unfavorable as it is similar with Hamburg rules.
Multimodal transport helps out to provide the international trade movements through
which they can implement out all the convenience and the particular transfixed to be made out in
a separate contract basis. It provides out all the transportation facilities and the consignment to be
arranged by person in all the intermediate and internal arrangements for the delivery of goods
and services on that proper final destination.
As according to multimodal transportation goods act there has been made as in section 3
that no person will be allowed to carry any kind of business transactions in all the transportation
facility that are being registered under the MTOGA 1993, All such documents regarding to the
combined transfer documents and the safer documents are being made through the bill of lading

which provides the contract and all the details necessary for the consignment with the person
who has transferred all such facilities.
There are mainly different kinds of MTO which are mainly being made in two important
categories they are like:
 Vessel operating MTO which involves all the individual shipping companies and the
large exporters who are being engaged in chartered ships.
 Nonvessel operating empty house which implicate out all the road transportation and
operators with their frieght forwarders.
There has been made different kinds of multimodal transport documents which are mainly
being issued through the transportation of all the quotes and all the evidencing contract that helps
out to implicate the performance in a proper manner. It mainly operates out all the carriages in
their goods runs where and convinced with the receipt of the goods that are being placed in
different areas. It implicate out the particular areas and documents through which combined
transfer documents can be framed out and see if a document regarding their bill of lading can be
implemented. There has been made different kinds of single carriers through which all the
quality of service and their fluctuating prices can be depended upon the requirements of the
shippers and their conferences areas. It mainly strike out the method through which all the
shippers use to arrange their inland transportation and the facilities through which all the recent
preferring arrangement of transportation can be implemented as from which all the loss and
damages of the confinement and the delaying of the delivery is regarding the consequential
losses can be covered under it.
As it can be agreed that the Carr’s Analysis regarding the convention that it has mainly been
perceived by over consignor friendly and also framed out some unfavourable conditions
regarding to the implementation and the liabilities being framed is agreeable as there has been
seen that all the MTO thereby being based on the principles that are being pursued to be
neglected and on various faults and on all the union convention there has been seen that the
hampers rules regarding the international instruments have you set out to be a disagreement
which create a conflicting interest between the ships and all the cargo generating countries
(Bithas, and Nijkamp, 2018).

MTU has made an over friendly rules and regulations through which all the damages in laws
that are being made in the Purpose are being authorised and also being framed in which they had
been be different kind of delays in all the services and the goods that has been arise with the
demand of deliveries. All the goods that has been made in the consecutive days under the MTOS
for thereby being framed out in the article 32 that cover out the loss on the time which is that has
been cost with the notice that is be solved and the writing. MTO thereby work under not only the
liable conditions but also omit out all the regulations and rules in which they provide all the
facilities to the general defences and areas. It mainly provides a general matter of reasonableness
through which the loss and damage can thereby be interpreted in different ways and carriers.
There has been framed limited liability through which all the nature and the course of methods
and programs are being provided in an exciting manner with a fright that is being payable to
them. It provides out certain expect exceptions and the invention in the conventional program
through which the rationally and the provision can be limited and it helps out to provide a
uniform system through which the liabilities can thereby be framed and no loss and damages
have been covered under some situations. So it is quite difficult for all the marine time areas to
maintain all the practices through which they can procure out the services for the persons and
their carriers liability. Multimodal transport law implicates out that did not come in a proper ‘and
it mainly being discussed with the proper litigants and provide a proper contribution in the
discoursing methods. As this convention for MTO has huge similarity with Hamburg’s rule And
it provides over consignor friendly terms and laws and found un-favourable as all such rules are
already being given and Hamburg rules is mainly the set of different tools which used to Provide
all the laws and rules related to international shipment of goods. This convention mainly
provides a uniform legal base for basic transportation of goods in ships. As by article 1.6 of
Hamburg’s rule there has been applied the situations that all the carriages of goods in C used to
deal with and the contract between the multimodal transport. MTO deal with transportation of all
the trans-shipment reduced to cover all the sea voyage and therefore principles (Exarchopoulos,
and et. al., 2018).
Thus, It is mainly the convention through which all the clarity is being needed in the MTO
and it being required that is it necessarily a conflicting and competing interest program and this
convention merely create a major resemblance in all other factors and eliminate all the important
unimodal conventions and the issues that will be needed to be clear out. All such international

design that are being made should be provided in it and it should be came into force with proper
contrast national rules.
QUESTION 3
Discuss the meaning of “genuine link” within this context and analyse whether the use of the
“Flag of convenience” practice is compatible with this genuine link requirement.
Genuine link is mainly the convention that has been made out in 1958 with the help of Geneva
convention on high seas as it helps out to provide a condition where ships usually being granted
the nationality in order to get the registration from the territory as and by implementing the right
to fly their flag on the ship. Genuine link it’s mainly the important link which helps out to
provide the guiding principles through which all the implementations of decision regarding to the
high seas can be implemented. It helps out to provide the nationality and all the genuine
connections and existence which provides a reciprocal of the rights and duties. Genuine link was
developed in 1955 by Nottebohm case as there made affective bond that is being raised between
the individual and state in order to provide them mutual rights and duties for their nationality that
cannot be effected on international plane. It mainly provide out a effective link which will be
existed in the country for their nationality as an order to grant a diplomatic protection to all the
citizens (Chakraborty, 2020).
As an order to make open registry through which the nations can thereby be made a proper
requirements in order to frame the ship registration in flexible manner there has been made the
general link which is originally being made through the social and economic connections that are
been raised between the vessel and the state registration. It provides a proper connection between
the vessel registration and also about the effective control dad the jurisdiction can there be made
of the flag states. As UN General assembly has made different government bodies which try to
incorporate a proper contribution of general genuine link through which they can examine all the
unregulated and unreported vessels and areas through the international debates and demands by
proper development of genuine links. The main focus of all such activities and making of general
link is to provide proper areas to lead the trade working and also fishing and all the business
activities in seas With the help of jurisdiction and by maintaining their own flag states by

enforcement of tools and the general link regarding to their trade related measures. It mainly
aims out to provide a proper application of genuine links and they should not be any kind of
interference of any domestic jurisdiction (McGarry, 2018).
Flag of convenience (FOC) is mainly a business practice in which all the ship owner
used to register their merchant ship on the registered countries as in order to maintain all their
ship flies to be framed in a flag state. It helps out to provide a proper practice in which all the
merchant ships are there by being required for the international law and the registration of
companies are being met that is also being known as open registry system. The flag of
convenience was being applied from 1950 where a proper registry of all the nationality is being
needed. The use of flag of convenience is much more compatible in genuine link requirement as
it helps out to provide a proper jurisdiction and validation of all the ships regarding their
transport facilities and the control that is being led to the government so that there will not be any
kind of illegal activities can take on in the ship. The FOC mainly helps out to register all the
commercial vessels in the countries through their open registry process and it also maintain flag
states that are being registered through this the country‘s content by maintain the registry process
and also gain high advanced technology and also remove the danger of international
community’s (Reynolds, 2019). All the flag state control helps out to provide and remove all the
troubles in the international maritime trade and also provide a focus on all the security concerns
in the marine areas. It provides a complexity of maritime laws and also maintain a exhaustive
areas through which they can provide all the peaceful and illegal activities that can happen in the
maritime areas. A proper genuine link in the flag of states implement out a proper strategy
through which they cannot be any kind of dominant guidance, As FOC implement out all the
international rules through which a standard can be maintained and proper implementation of
marine activities and pollution prevention and the marine illegal activities can be prevented. It is
mainly being helpful to maintain the journal and the flag of state to be a part of all the marine
time activities. The genuine link between the ship and the state helps out to maintain the flag of
the one nation to fly over the ship and all such activities helps out to provide protection to the
cruise and ship owners in order to gain the nationality and all the registering and regulating
functions of their national programs and regulations.

As all the ship registration and the agreements that are being made between the flag states
helps out to provide protection to the ship and also in fourth standard through which the maritime
conventions can take an important part and implications through the international law it helps out
to provide all the effective strategies through which they can try to impose all the balance in
certain measure they are like:
 Maintaining proper ship registration.
 All the important conformity for international regulations.
 It helps out to provide a proper investigation regarding the lack of proper jury diction and
the control of flag state.
 It helps out to provide proper enquiries regarding the casualties and the incident that can
happen in the high seas that can involve any ship and can easily be examined with the
help of flag states (Medina, 2020).
 It helps out to assume a proper effective methods and excise a judicial regarding the
technical, administrative and all the social fabric to methods in the ship and their basic
inspection.
Thus, Genuine link has sought a proper entitlement of registration of shape and also maintain
the flag states to implicate according to article 91 of UNCLOS It mainly provides out that there
should be maintaining proper recognisation is in the flag areas and interference regarding the
diplomatic protection. It maintain a proper effective measures and their flag of convenience helps
out to provide open registry is through which a registration can be implied that can control all the
foreign national programs and all the corporate entities.
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